Florida Fourth DCA Appeals Case: Estate Attorney’s Fees

Do you know the law in Florida for awarding fees to a party from   a trust and/or estate? Do you know what it means when the court says it has to be “necessary and beneficial?” Check out what happened in a case regarding attorney’s fees out of the Fourth District Court of Appeal.

Attorney’s Fees

• Attorney’s fees are not guaranteed in a trust dispute or will contest.
• You have to find one of two things.
• You will need either a statute on point that awards attorney’s fees or a contract / agreement that the parties agreed to.
• There is a further restriction though for Florida probate courts though do you know what it is?
• In the probate arena, Florida law only allows a trial court to order an award for fees and costs that are determined to be necessary and beneficial to the Estate and/or Trust.
• Do you know how the Court will decide what is necessary and beneficial?
• Take a look at what they found in a recent case filed this week.

Acker & Acker v. Acker

• Two appellants appealed the portion of the trial court’s Order on the Parties’ Respective Motions for Approval of Attorney’s Fees and Costs, which partially granted a request for payment of fees by the Estate and Trust of the appellants father.
• The appellate court noted that by agreeing with the testimony of certain parties in implicitly acknowledged that some fees were necessary and beneficial to the estate.
• Experienced Palm Beach probate litigators know what is and is not going to fit under the standard.
• Do you know how to minimize your costs by sticking within these parameters?
• Probate litigation can get expensive, but the estate can absorb certain fees if you play your cards right.
• That’s what the appellants here did and it saved them a lot of money.

Want to learn more?

Check out the entire case by clicking here.